Justice Benedict Kanyip of National Industrial Court of Nigeria (NICN), Abuja, yesterday – Tuesday, December 17 – withdrew from separate suits filed by 62 staff members of Central Bank of Nigeria (CBN), who were recently disengaged from the apex bank’s service.
Justice Kanyip, who is also the President of NICN, recused himself from the cases following the announcement of a lawyer’s name in the team of counsel to the CBN who he said is his in-law.
The News Agency of Nigeria (NAN) reports that the 62 ex-staff members had filed separate suits against the nation’s apex bank as sole defendant.
In one of the originating summons marked: NICN/ABJ/26x/2024 dated Aug. 21 but filed on Aug. 22 by a team of lawyers led by Ola Olanipekun, SAN, on behalf of one of the staff, the claimants urged the court to nullify the termination letters issued to them.
They sought a declaration that the letter, titled: “Re-ORGANISATION,” dated May 23 but with effect from May 24, issued by the CBN’s Director, Human Resources Department, and addressed to the claimants, was in contravention of the provisions of the CBN Act 2007.
They said that the action also contravened the bank’s Human Resource Policies and Procedure Manual (HRPPM) and therefore was arbitrary, unlawful, null and void.
They sought a declaration that the claimants’ contract of employment with the CBN, subsisted and remained valid and of full effect, to date.
They, therefore, sought “an order setting aside the purported termination of the claimant’s employment vide letter titled: “REORGANISATION”, dated 23rd May, 2024, for being arbitrary, unlawful, null and void.”
They also prayed the court for an order directing the CBN to reinstate them to the positions which they were at the time of the termination letters or other higher positions as they would ordinarily have attained or been promoted in the course of their employment, if the same were not unlawfully terminated.
They equally sought an order directing the bank to pay them all their monthly salaries, allowances and other emoluments/entitlements which they would have earned if their employment had not been unlawfully terminated, among other reliefs.
NAN observed that 31 of the 62 suits were listed for hearing yesterday, while the remaining 31 cases were scheduled for today – Wednesday, December 17.
Besides, motion to consolidate the cases had also been filed by the claimants’ counsel.
However, upon resumed hearing on the first suit, Olanipekun announced his appearance alongside other lawyers in his company.
The senior lawyer told the court that the matter was slated for mention.
Obafemi Agaba of Jackson, Etti, and Edu & Co, while announcing appearance for CBN, said there was a consortium of law firms that will be representing the bank in the case, including D.D. Dodo, SAN & Co law firm.
At the mention of Damian Dodo, SAN, Justice Kanyip identified him as his in-law, explaining that he was not comfortable continuing with the matter and, therefore, that the case should be reassigned to another judge for adjudication.
He, however, sought the view of counsel to the claimant.
Olanipekun, in his response, said they do not have any doubt about the impartiality of the court at discharging its judicial functions.
Agaba equally expressed confidence in the court.
He, however, said that justice must not only be done in the court but must have been seen to have been done.
He said whatever the judge decided would be okayed by them.
NAN reports that in a short ruling, Justice Kanyip recused himself from the case and ordered the reassignment of the matter, including the 61 others that were sought to be consolidated by the claimants’ counsel.
